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The Criminal Witness Litigation Rights Research

Posted on:2013-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z X YinFull Text:PDF
GTID:2246330374956742Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The witness is a very important role in a considerable number ofcases witnesses directly determine the direction of the case, theprosecution of the convicted whether criminal proceedings should not beoverlooked. However, the Criminal Procedure Law was only concernedabout the obligations of the witness, while insufficient attention to therights of witnesses, caused by a witness can not fully play its due role incriminal proceedings, affect the conduct of criminal proceedings, but alsoto the rights of witnesses, etc. damage. This paper proposedcomprehensive recommendations to improve the witness protectionsystem on the Rights of the procedural rights of criminal witnesses, toachieve effective protection of the rights of witnesses in order to play animportant role of witnesses in criminal proceedings. The paper is dividedinto four parts deals with the criminal system of protection of witnessesright of action. The witness of the minors as a special class of witnesses incriminal proceedings, because its mind has not yet been fully developedsound, need special protection, special analysis of the system of protectionof the rights of a minor witness.The first chapter is an overview of the litigation rights of the criminalwitness protection. The contents of the part including the two parts of theconcept and value analysis. To clear the concept of witness protectionsystem, we must first clear conceptual framework of the witnesses, so thefirst clear the civil law countries and regions, common law countries, theconcept of a hybrid litigation model witness for the State and the range ofdifferent, and then define the witness range of content protection system,and finally analyzed from multiple theoretical value of the security systemof criminal witness litigation rights.The second chapter is devoted to a witness in criminal litigationrights protection system of extraterritorial countries and regions. Based oncomparative analysis of the consideration of the criminal witness protection system, the paper describes the criminal witness protectionsystem in the extra-regional countries and regions. The chapter is dividedinto four parts, namely the United Kingdom and the United States in thecommon law countries, civil law countries, Germany and France, thehybrid litigation model countries, Japan and Russia, and China’s Taiwanregion on the criminal witness litigation rights protection systemprovisions.The third chapter is the analysis of the provisions on the protection ofthe rights of criminal witness in litigation in the current law system and itsproblems. The first is a summary of the current legal provisions oncriminal witness litigation rights protection system, including the latestjudicial interpretation of the provisions of the criminal witness protection,and then analyzes the existing criminal legal problems and witness rightsprotection system provides.The fourth chapter of the security system of law the rights of China’scriminal witness litigation recommendations. In the last chapter of theprovisions of current law the rights of the witnesses based on the analysis,according to the analysis of the legal, criminal witness litigation rightsprotection system to draw on extra-regional countries and regions,combined with the11th National People’s Congress on March14,2012thefifth session of the General Assembly revised the Criminal Procedure Lawof the People’s Republic of China, from the perspective of the criminalprocedure law to improve China’s criminal witness litigation rightsprotection system.
Keywords/Search Tags:criminal witness, litigation rights, protection
PDF Full Text Request
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